Is it fraud/illegal to deny claim for small claim debt

[improvent363]

Note: In Iowa for small claim credit debt for $2,600 which is just 1 year old.  Plaintiff is discover bank.

Will I get in legal trouble if I deny claim for a credit debt I know I have however not sure the exact amount it is suppose to be and not given enough evidence as proof. I say that because I did not get every single monthly statement from them which shows how it is suppose to be $2,600.

[pizzadude]

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@improvent363 wrote:

Note: In Iowa for small claim credit debt for $2,600 which is just 1 year old.  Plaintiff is discover bank.

Will I get in legal trouble if I deny claim for a credit debt I know I have however not sure the exact amount it is suppose to be and not given enough evidence as proof. I say that because I did not get every single monthly statement from them which shows how it is suppose to be $2,600.

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It's up to the judge to determine whether sufficient proof exists to issue a judgement against you.    If you testify in court that the debt isn't yours then it would probably be considered perjury.  

[guiness56]

You also have the right to ask for an itemization of the debt, before the judge, and not perjure yourself.

[improvent363]

@guiness56 (or anyone can answer)  I am sorry but what do you mean by itemization of the debt?

[guiness56]

You can tell the judge you have no idea how that amount was calculated and ask to have them show you how they came up with that amount,.

[RobertEG]

+1

In any trial, the object is to get all the facts before the court.

Thus, courts provide for each party to request any information from the other party that is relevant to the issue at trial.  It's called pre-trial discovery.

If the judge rules that the requested information is relevant, he/she will set a period for the other party to provide the requested information.

They, as part of their action, have asserted the amount of debt for which they are seeking judgment.  The two issues at trial is whether the debt is legit,and its amount.

Thus, requesting an itemization is relevant.

It is particularly critical when the plaintiff is a debt collector.  FDCPA 808(1) states that it is a violation for a debt collector to attempt to collect any amount that is either not specifically authorized in the account agreement with the creditor that created the debt, or is not otherwise specifically authorized to a debt collector under the laws of your state.  It is impossble to evaluate the legality of their asserted collection amount without knowing the basis for each portion.

Additionally, if their itemization shows amounts clearly not authorized under FDCPA 808(1), and the consumer can show that they knowingly included unauthorized amounts as part of their action, they could be liable for counter-action for violation of the FDCPA.